jade lamas- chapter 9

Question 1

lame duck

Answer 1

def: an executive or legislative during the period just before the end of a term of office, when its power and influence are considered to be diminished.
sent: Adams, referred to as a lame duck president because it was assumed that little could be done in the period between election and the incoming president’s inauguration.

Question 2

jurisdiction

Answer 2

def: authority vested in a particular court to hear and decide the issues in a particular case.
sent: Courts can have two types of jurisdiction: original or appellate.

Question 3

original jurisdiction

Answer 3

def: the jurisdiction of courts that hear a case first, usually in a trial. these courts determine the facts of a case.
sent: Original jurisdictions determine the facts of a case.

Question 4

appellate jurisdiction

Answer 4

def: the power vested in particular courts to review and/or revise the decision of a lower court.
sent: The supreme court has appellate jurisdiction in all other cases.

Question 5

Federalist No. 78

Answer 5

def: a federalist papers essay authored by alexander hamilton that covers the role of the federal judiciary, including the power of judicial review.
sent: Alexander Hamilton argued in the federalist no. 78 that the “independence of judges” was needed “to guard the constitution and the rights of individuals.’’

Question 6

judiciary act of 1789

Answer 6

def: legislative act that established the basic three-tiered structure of the federal court system.
sent: The third tier of the federal judiciary system defined the judiciary act of 1789 was the supreme court of the united states.

Question 7

john jay

Answer 7

def: a member of the founding generation who was the first chief justice of the united states. a diplomat and a co-author of the federalist papers.
sent: John jay was appointed chief justice of the supreme court of the united states by president george washington.

Question 8

whiskey rebellion

Answer 8

def: a civil insurrection in 1794 that was put down by military force by the president george washington, thereby confirming the power of the new national government.
sent: The justices rendered numerous decisions on such matters as national suppression of the whiskey rebellion.

Question 9

chisholm v. georgia (1793)

Answer 9

def: a supreme court case that allowed u.s. citizens to bring a lawsuit against states in which they did not reside; overturned by the 11th amendment in 1789.
sent: The nationalist supreme court quickly proved them wrong in the chisholm v. georgia (1793).

Question 10

11th amendment

Answer 10

def: an amendment adopted in 1789 protecting states from being sued in federal court by a citizen of a different state or country.
sent: The states’ reaction to this perceived attack on their authority led to passage and ratification in 1798 of the llth amendment to the constitution.

Question 11

john marshall

Answer 11

def: the longest- serving supreme court chief justice, marshall served from 1801-1835. marshall’s decision in marbury v. madison (1803) established the principle of judicial review in the unites states.
sent: The actions of john marshall, who headed the court from 1801-1835, brought much needed respect and prestige to the court.

Question 12

judicial review

Answer 12

def: power of the courts to review acts of other branches of government and the states.
sent: The Marshall claimed the the right of judicial review.

Question 13

marbury v. madison`

Answer 13

def: case in which the supreme court first asserted the power of the judicial review by finding that part of the congressional statue extending the court’s original jurisdiction was unconstitutional.
sent: In Marbury v. Madison, chief justice john marshall claimed the sweeping authority for the court.

Question 14

trial court

Answer 14

def: court of the original jurisdiction where cases begin.
sent: At the bottom of the system are trial courts, where litigation begins.

Question 15

appellate court

Answer 15

def: court that generally reviews only findings of law made by lower courts.
sent: In the middle are appellate courts; these courts generally review only findings of law made by trial courts.

Question 16

constitutional courts

Answer 16

def: federal courts specifically created by the u.s. constitution or by congress pursuant to its authority in article III.
sent: The federal districts, courts of appeals, and the supreme court are called constitutional courts.

Question 17

legislative courts

Answer 17

def: courts established by congress for specialized purposes, such as the court f appeals for veterans claims.
sent: Legislative courts are set up by congress, under its implied powers.

Question 18

brief

Answer 18

def: a document containing the legal written arguments in a case filed with a court by a party prior to a hearing or trial.
sent: Courts of appeals hear no new testimony; instead, lawyers submit written arguments in what is called a brief.

Question 19

precedent

Answer 19

def: a prior judicial decision that serves as a rule for setting subsequent cases of a similar nature.
sent: Decisions of the u.s. supreme court, however, are binding throughout the nation and establish national precedents.

Question 20

stare decisis

Answer 20

def: in court rulings, a reliance on past decisions or precedents to formulate decisions in new cases.
sent: The principle of stare decisis allows for continuity and predictability in our judicial system.

Question 21

senatorial courtesy

Answer 21

def: a process by which presidents generally allow senators from the state in which a judicial vacancy occurs to block a nomination by simply registering their objection.
sent: Presidents have screened their lower court nominees through a process known as senatorial courtesy.

Question 22

sandra day o’ connor

Answer 22

def: an associate justice of the supreme court from 1981-2005 who was appointed by president ronald reagan as the first woman to serve on the court.
sent: Justice sandra day o’ connor remarked that “you have to be lucky” to be appointed by the judiciary.

Question 23

elena kagan

Answer 23

def: an associate justice of the supreme court, appointed by president barack obama in 2009 while she was serving as solicitor general in his administration.
sent: Elena Kagan had prior judicial experience.

Question 24

writ of certiorari

Answer 24

def: a request for the supreme court to order up for the records from a lower court to review the case.
sent: Since 1988, nearly all appellate cases that have gone to the supreme court arrived there on a petition for a writ of certorari.

Question 25

rule of four

Answer 25

def: at least 4 justices of the supreme court must vote to consider a case before it can be heard.
sent: The decision process ends when the justices vote, and by custom , certiorari is granted according to the rule of four.

Question 26

solicitor general

Answer 26

def: the fourth ranking member of the department of justice; responsible for handling nearly all appeals on behalf of the u.s. government to the supreme court.
sent: One of the most important cues for predicting whether the court will hear a case in the u.s. solicitor general’s position.

Question 27

amicus curiae

Answer 27

def: “friend of the court”; amici may file briefs or even appear to argue their interests orally before the court.
sent: The office of the solicitor general, on behalf of the u.s. government, appears as a party or as an amicus curiae.

Question 28

plurality opinion

Answer 28

def: a type of judicial opinion, the reasoning of which is agreed to by fewer than a majority of judges on a court; although it resolves the particular case, the opinion does not establish a binding precedent.
sent: When this happens, the court may be forced to decide cases by plurality opinions.

Question 29

concurring opinion

Answer 29

def: a type of judicial opinion issued by a minority of judges on a court; although it resolves the particular case, the opinion does not establish a binding precedent.
sent: Justices who agree with the outcome of the case, may file concurring opinions to express their differing approach.

Question 30

dissenting opinion

Answer 30

def: a type of judicial opinion issued by a minority of judges on a court who disagree with the outcome of a case and wish to explain their legal reasoning.
sent: Justices who do not agree with the outcome of a case file dissenting opinions.

Question 31

judicial restraint

Answer 31

def: a philosophy of judicial decision making that posits courts should allow the decisions of other branches of government to stand, even when they offend a judge’s own principles.
sent: Advocates of judicial restraint argue that courts should allow the decisions of other branches to stand.

Question 32

judicial activism

Answer 32

def: a philosophy of judicial decision making that posits judges should use their power broadly to further justice.
sent: Restraints refer to roe v. wade, the case that liberalized abortion laws, as a classic example of judicial activism.

Question 33

strict constructionist

Answer 33

def: an approach to constitutional interpretation that emphasizes interpreting the constitution as it was originally written and intended by the framers.
sent: Advocates of judicial restraint generally agree that judges should be strict constructionist.

Question 34

judicial implementation

Answer 34

def: how and whether judicial decisions are translated into actual public policies affecting more than the immediate parties to a lawsuit.
sent: Judicial implementation refers to how and whether judicial decisions are translated into actual public policies affecting more than the immediate parties to the lawsuit.